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Ronald E. Elberger is one of the engines that drives his firm’s litigation, entertainment and sports, and professional responsibility practice areas. Over the years, he has served as attorney for David Letterman, as vice president and general counsel of Emmis Broadcasting Corp., and as counsel for many local television news employees. His office houses […]
Michael F. Drewry has devoted his legal career to assisting clients involved in all aspects of the construction industry. When he began practicing law, there was very little in the state in the way of organized legal associations devoted to construction law. Mike helped create the Construction & Surety Law Section of the Indiana […]
David J. Cutshaw is described by his peers as a tough litigator who aggressively advocates for his clients but also practices a great deal of civility in and out of the courtroom. His clients are often impressed by his approachability and empathy for their situations. In fact, one client who did not receive a […]
William Bock III has used his legal skills to play an instrumental role in fighting for clean sport in the United States. He was the lead attorney for the Colorado-based U.S. Anti-Doping Agency – where he serves as general counsel – on its case against cyclist Lance Armstrong. Bill also was involved in the […]
Indiana Court of Appeals Judge L. Mark Bailey has come a long way from his college days when he worked as a courier in a law firm to get exposure to the legal system. His career path has taken him from a small firm and a solo practice to serving as an administrative law […]
The Indiana Tax Court Friday upheld a final determination by the Indiana Board of Tax Review to assess farm land as agricultural that was purchased by a developer but remained undeveloped for years.
A man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.
Indiana Court of Appeals
John Roberts v. Stephen Buennagel and Allstate Insurance Company (NFP)
41A01-1206-CT-257
Civil tort. Affirms denial of Roberts’ motion to correct errors following a jury verdict in favor of Buennagel and Allstate on Roberts’ negligence complaint stemming from a car accident.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline Monday. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
A St. Joseph County man who was convicted of killing his girlfriend – but later had the conviction overturned by the Indiana Supreme Court – was found guilty again April 12 of murder.
A dispute over who could use the designation “Visit Michigan City LaPorte” led to a legal battle between LaPorte County’s visitors bureau and an area hotel-resort, with the trial court ruling in favor of the visitors bureau. But the Indiana Court of Appeals reversed Monday, ruling the bureau didn’t prove it held a valid and protectable trademark.
Indiana Court of Appeals
Jose Guzman v. State of Indiana
54A01-1209-CR-409
Criminal. Affirms eight-year sentence following guilty plea to Class C felony reckless homicide and the order Guzman pay restitution to the accident victims. The trial court acted within its discretion in ordering the restitution and in sentencing Guzman, and his sentence is not inappropriate.
Indiana Court of Appeals
Amanda Spicer v. State of Indiana (NFP)
84A01-1210-CR-445
Criminal. Vacates order revoking probation and remands with instructions.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
David R. Mertz v. City of Greenwood, Indiana
41A01-1206-MI-286
Miscellaneous. Affirms order denying Mertz’s petition to reverse the disciplinary action taken against him by the Greenwood Police Merit Commission following an evidentiary hearing. Mertz has not met his burden to show that the trial court determination, upholding the commission’s interpretation of the relevant ordinances, is arbitrary and capricious, an abuse of discretion, or otherwise contrary to law.
A former assistant police chief of the City of Greenwood who was demoted to lieutenant may be disciplined by the city’s Police Merit Commission, the Indiana Court of Appeals ruled Friday. The officer argued that based on ordinances and codes, only the mayor could discipline police chiefs or assistant chiefs.
Southern District Bankruptcy Chief Judge James K. Coachys has signed an order that terminates a previous order requiring alternative dispute resolution related to Chapter 13 trustee motions to dismiss in the Indianapolis Division.
Legislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday and goes back to the House with some changes.
Indiana Court of Appeals
Jon J. Reid v. State of Indiana (NFP)
20A04-1207-PC-362
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Supreme Court
Utility Center, Inc. d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, Indiana
90S04-1208-PL-450
Civil plenary. Reverses the judgment of the trial court granting the city’s motion to strike a jury request by Aqua Indiana and remands this cause for further proceedings. Concludes that “rehear the matter of the assessment de novo” within the meaning of Indiana Code 32-24-2-11(a) contemplates a new hearing with trial and judgment as in all other civil actions. And where a party so requests, a trial by jury.
A case involving a compensation award for condemnation initiated by Fort Wayne’s Board of Public Works that may appear at first blush as a “no brainer” is actually not as simple as it seems, the Indiana Supreme Court pointed out Thursday.
State Farm Fire & Casualty Co. is on the hook for $14.5 million in damages after a contractor prevailed on his defamation claim against the insurer. The award is one of the largest defamation damages in the country, according to the court.